HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
or reserved matter unless he has laid the bill before the United Kingdom Parliament. In an urgent case, the Secretary of State may submit the bill for immediate Royal Assent; but he must then lay the Act before both Houses at Westminster. Either way, when such a bill or Act has been laid at Westminster, each House has 20 sitting days within which a motion to oppose the bill or Act may be tabled. 10.62 Under the Act, any such motion must be signed by at least 20 members of the House. The usual rules of the House on adding names to motions (see paragraph 6.47) are dispensed with for these motions on Northern Ireland Assembly legislation. 10.63 Procedure on these motions is as follows: when a Northern Ireland Assembly bill or Act is laid before the House, its arrival is recorded in the Minutes of Proceedings, and in a table in the legislation section of House of Lords Business entitled “Northern Ireland Assembly Legislation on Reserved/Excepted Matters in Progress”. This table shows the expiry date of the 20-day statutory period. If 20 sitting days pass and no motion is put down, the House’s involvement is at an end; if within the 20 days a member of the House tables a motion to oppose the bill or Act, the motion is printed in House of Lords Business; signatures to the motion may be added in the Table Office or the Public Bill Office; signatories to the motion are listed in House of Lords Business. If further members of the House add their names, they are added to the list. Once 20 have signed, the list is replaced with a total number; a signature is required, either on a copy of the motion, or on a note clearly indicating the Lord’s wish to be associated with the motion. Fax, e-mail and telephone are not acceptable; the master copy of the motion, with a consolidated list of signatures, is kept in the Table Office, and is open for inspection; a Lord may withdraw his signature at any time, by giving written authority; if, on the 20th day, the number of signatories has not reached 20, the motion is ineffective. If it has reached 20, the motion may be put down for a day and debated in the usual way. When the motion is put down for a day, only the name of the person who 206
originally tabled the motion appears on the order paper as the person who is to move the motion. The total number of signatures which the motion has attracted is indicated with the text of the motion. EUROPEAN UNION LEGISLATION 1 Challenging EU legislation on grounds of subsidiarity 10.64 The work of the European Union Committee is summarised below (see paragraph 11.52). In addition to the normal scrutiny work of the Committee, the House itself possesses certain powers in respect of proposed or recently adopted European legislation, by virtue of amendments to the Protocol on the application of the principles of subsidiarity and proportionality (“the Protocol”) which came into force on 1 December 2009: The House may challenge draft European Union proposals on the grounds of subsidiarity, by adopting a “reasoned opinion” to that effect within eight weeks of the proposal’s transmission to national parliaments. Any such reasoned opinion is then forwarded to the Presidents of the European Union institutions; if enough opinions are submitted by national parliaments or chambers of national parliaments, the institutions are required to respond in the terms set out in the Protocol. The House may, within two months and ten days of the adoption of a European Union legislative act, agree a resolution to the effect that the act breaches the principle of subsidiarity, and calling upon the Government to bring an action on these grounds before the European Court of Justice. The Government has made a commitment, in the event of such a resolution being passed, to bring such an action on behalf of the House. 10.65 In either case, it is normal practice that the House’s consideration of such a resolution would follow the publication of a report by the European Union Committee, and that the Committee’s report and the resolution would be debated together. However, it would remain open 1 Procedure 2nd Rpt 2009–10. 207
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or reserved matter unless he has laid the bill before the <strong>United</strong> <strong>Kingdom</strong><br />
<strong>Parliament</strong>. In an urgent case, the Secretary of State may submit the bill<br />
for immediate Royal Assent; but he must then lay the Act before both<br />
Houses at Westminster. Either way, when such a bill or Act has been laid<br />
at Westminster, each House has 20 sitting days within which a motion to<br />
oppose the bill or Act may be tabled.<br />
10.62 Under the Act, any such motion must be signed by at least 20<br />
members of the House. The usual rules of the House on adding names<br />
to motions (see paragraph 6.47) are dispensed with for these motions on<br />
Northern Ireland Assembly legislation.<br />
10.63 Procedure on these motions is as follows:<br />
when a Northern Ireland Assembly bill or Act is laid before the<br />
House, its arrival is recorded in the Minutes of Proceedings, and in<br />
a table in the legislation section of House of Lords Business<br />
entitled “Northern Ireland Assembly Legislation on<br />
Reserved/Excepted Matters in Progress”. This table shows the<br />
expiry date of the 20-day statutory period. If 20 sitting days pass<br />
and no motion is put down, the House’s involvement is at an end;<br />
if within the 20 days a member of the House tables a motion to<br />
oppose the bill or Act, the motion is printed in House of Lords<br />
Business;<br />
signatures to the motion may be added in the Table Office or the<br />
Public Bill Office;<br />
signatories to the motion are listed in House of Lords Business. If<br />
further members of the House add their names, they are added to<br />
the list. Once 20 have signed, the list is replaced with a total number;<br />
a signature is required, either on a copy of the motion, or on a<br />
note clearly indicating the Lord’s wish to be associated with the<br />
motion. Fax, e-mail and telephone are not acceptable;<br />
the master copy of the motion, with a consolidated list of<br />
signatures, is kept in the Table Office, and is open for inspection;<br />
a Lord may withdraw his signature at any time, by giving written<br />
authority;<br />
if, on the 20th day, the number of signatories has not reached 20,<br />
the motion is ineffective. If it has reached 20, the motion may be<br />
put down for a day and debated in the usual way. When the<br />
motion is put down for a day, only the name of the person who<br />
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